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Definitions
Workplace bullying is repeated inappropriate behaviour, direct or
indirect, whether verbal, physical or otherwise, conducted by one or
more persons against another or others, at the place of work and /or in
the course of employment which could reasonably be regarded as
undermining the individual’s right to dignity at work.
An isolated incident of behaviour may be an affront to dignity at
work but a once off incident is not considered bullying.
The 1998 & 2004 Acts defined sexual and non-gender harassment for
the first time in Irish law. They Outlaw Sexual Harassment in the
workplace and in the course of employment by an employer, another
employee or by clients, clients or business contacts of an employer. It
is essential that employers have in place accessible and effective
policies and procedures to deal with sexual harassment and harassment.
Sexual Harassment is defined to include all unwelcome and sexually, or
otherwise, offensive, humiliating or intimidating actions involving acts
of physical intimacy , spoken words, gestures, or the production,
display or circulation of written material or pictures, or requests for
sexual favours.
Employers can use as a defence in case of Harassment and Sexual
Harassment that they “take steps as are reasonably practicable”.
To be proactive in this area, it would mean taking actions to ensure the
workforce understood:
- What the Law says and what constitutes Harassment.
- How to use the Disciplinary Process.
- Who to look to for help if they are harassed.
All employers should have a policy indicating their commitment to
providing an environment that is free from harassment and bullying. The
policy should state that Harassment and Bullying of all kinds will not
be tolerated, that such actions will be the subject of disciplinary
procedure and maybe unlawful. The policy should outline examples of what
constitutes Harassment and Bullying.
Harassment awareness training should be included in induction training
and management development training programmes. The procedures for
raising Harassment and Bullying issues should be clearly defined.
A Sample Bullying & Harassment Policy and Procedure can be found in
the Employee Handbook Template.
